(a) An application to the ALJ for an order or ruling will be by motion. Motions will:
- (1) State the relief sought, the authority relied upon and the facts alleged; and
- (2) Be filed with the ALJ and served on all other parties.
- (b) Except for motions made during a prehearing conference or at a hearing, all motions will be in writing.
- (c) Within 10 days after a written motion is served, or such other time as may be fixed by the ALJ, any party may file a response to such motion.
- (d) The ALJ may not grant or deny a written motion before the time for filing responses has expired, except upon consent of the parties or following a hearing on the motion.
- (e) The ALJ will make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.
- (f) There is no right to appeal to the DAB any interlocutory ruling by the ALJ.
[61 FR 65470, Dec. 13, 1996]